GENERAL TERMS AND CONDITIONS OF DELIVERY MOTORCYCLES UNITED B.V. – B2C
Motorcycles United B.V. is a private company with limited liability, having its registered office in Groningen, The Netherlands, and its place of business at Beckerweg 1, 9731 AW Groningen, listed in the Trade Register of the Chamber of Commerce under number 66291887 ("MCU"). MCU operates on the wholesale market for motorcycle, moped and motor vehicle parts, and the import and export of such parts.
1.1. In these General Terms and Conditions of Delivery, capitalised words and phrases shall have the meaning set out below:
a. MCU: the private company Motorcycles United B.V., user of these General Terms and Conditions of Delivery;
b. Consumer: a natural person not acting in a professional or commercial capacity;
c. Day: a calendar day;
d. Electronic Product: a product that operates using electronic flows and/or electromagnetic fields;
e. General Terms and Conditions of Delivery: these general terms and conditions for the sale and delivery of Products and services to Consumers;
f. Precision Engineering Product: a precision produced engineering products whether or not with measurement and/or control mechanisms and/or operating using electronic flows and/or electromagnetic fields;
g. Product: any product offered for sale, sold or delivered by MCU, including an Electronic Product and/or a Precision Engineering Product;
h. Sealing: transparent plastic and/or synthetic protective covering and/or packaging;
j. Website: www.onlymx.com, on which it is possible to communicate electronically with MCU and view Products and Product Data, purchase Products, and view order information.
2.1. All communication between MCU and the Consumer will preferably take place online, whereby the Consumer will be able, by logging in to the Website, to use the support email system clearly described on the Website, or by telephone during regular opening hours from Monday through Friday between 09:00 a.m. and 5:00 p.m., via number 31 (085) 0606065 or by e-mail:: [email protected]
3.1. These General Terms and Conditions of Delivery apply to each offer and each quotation and/or communication of MCU and every remote agreement concluded between MCU and the Consumer.
3.2. Before a (remote) agreement is concluded, the text of these General Terms and Conditions of Delivery is made available to the Consumer in a way that enables him to view, print and easily save them. If this is not reasonably possible, MCU will, before the remote agreement is concluded, either state where the Consumer may find and inspect the General Terms and Conditions of Delivery electronically, and print, download and save them, or send a copy of these General Terms and Conditions of Delivery either electronically or in another form to the Consumer free of charge.
3.3. Any derogations from and additions to these General Terms and Conditions of Delivery are valid if agreed in writing between the parties only.
3.4. If any provision of these General Terms and Conditions of Delivery is void or voided, the other provisions of these General Terms and Conditions of Delivery remain in full force and effect. In that case MCU and the Consumer will consult on new provisions to replace the invalid or voided provisions.
3.5. In addition to the rights the Consumer may have under these General Terms and Conditions of Delivery, the mandatory rights and remedies under the applicable consumer protection laws will be fully applicable. The Consumer's statutory warranty will not be affected by any manufacturer's guaranty.
4. Offering Products
4.1. Any offer, proposal, quotation and/or communication from MCU is without obligation and only valid for as long as stocks last.
4.2. All Products offered by MCU are clearly described, stating the product number and, if available, the factory and model-specific data, to allow an assessment of their suitability and/or comparison with and/or replacement of another product and/or of any part of a composite product.
4.3. MCU devotes the greatest possible care to the information on its Website. All images of Products are as true to the Products offered as possible. However, MCU cannot guarantee the accuracy of the information and images.
4.4. All dimensions, data, images, catalogues, price lists, websites, quotations, NEN standards and/or standardisation sheets provided and/or published by MCU are always approximate, unless expressly stated otherwise.
4.5. Minor deviations in the delivered Products that are technically unavoidable or which are considered generally accepted in the course of trade may occur.
4.6. Based on the data provided by a Consumer upon registration on the Website, MCU will provide clear information about the price of the Product and the taxes applicable within the EU, the costs of delivery, and the manner in which the Consumer will be able, before concluding an agreement, to verify the data provided by him in the context of the agreement and, if necessary, to correct and/or supplement this data. All prices are quoted in Euro, unless otherwise stated.
5. The agreement
5.1. Subject to the provisions of Clause 5.4, all agreements will be concluded upon acceptance of the offer by the Consumer and fulfilling the applicable conditions; all offers of MCU are subject to availability. If a Product ordered by the Consumer is no longer available, MCU reserves the right to cancel the order, in which event MCU will immediately refund any payment made by the Consumer.
5.2. If the Consumer has accepted the offer electronically, MCU will immediately confirm receipt of acceptance of the offer by electronic means. The Consumer may terminate the agreement for as long as MCU has not confirmed receipt of this acceptance.
5.3. If the agreement is concluded electronically, MCU will take appropriate technical and organisational measures to ensure the security of the electronic data transfer and will provide a secure web environment. If the Consumer is given the option to pay electronically, MCU will ensure that appropriate security measures are in place.
5.4. MCU reserves the right, subject to the restrictions of the law, to verify the creditworthiness of the Consumer and all facts and factors that may be material in connection with responsibly concluding (remote) agreements. If, further to such verification, MCU has good grounds to decide against concluding the agreement, MCU may reject the order or request, stating reasons, or attach special conditions to executing the order.
6. Delivery periods
6.1. The delivery periods stated by MCU are determined on the basis of the information known at the time when the order is placed. The stated delivery periods are always considered target dates and depend among other things on the stock of MCU’s suppliers. Delivery periods will never be strict deadlines.
6.2. The Consumer will be notified within 45 days of placing the order if it is not possible to fulfil the order, or part thereof, within 45 days, in which case he will be entitled to cancel the order free of charge. In that case, MCU will refund the amount paid by the Consumer as soon as possible but no later than 14 days after cancellation.
7. Delivery, accepting delivery, change of delivery address
7.1. The place of delivery is the address that the Consumer has stated to MCU and that is specified on the order confirmation. The risk of damage and/or loss of Products rests with MCU until the moment of delivery to the Consumer or to a representative designated in advance and communicated to MCU.
7.2. The Consumer is obliged to accept delivery of the ordered Products upon delivery by the carrier at the delivery address. If the Consumer refuses to accept delivery of the ordered Products and/or otherwise frustrates the delivery and/or does not sign for receipt, the order will be returned by the carrier to MCU and the costs of returning and storing the goods, payment on delivery and the customary compensation of the transport and ordering services of the carrier engaged by MCU will be payable by the Consumer. MCU may set off these costs against any payments made by the Consumer to MCU for the order.
7.3. The delivery address specified in the order may only be changed with MCU's prior consent. A request for a change of address must be submitted to MCU via the Website.
7.4. Upon receipt of a request for a change of address as referred to in Clause 7.3 above, MCU will notify the Consumer whether the request can be granted. MCU may make granting the request subject to additional conditions, in view of the transport risk or risk of loss of and/or damage to the Products to be transported, and as regards the full payment of the purchase price of the order and any related other orders, as well as additional transit or transport costs.
7.5. The Consumer is not permitted to notify the carrier of a change in the delivery address as specified in the order directly without the involvement of and without consulting MCU. MCU will, in that event, not be responsible for a correct delivery, and the risk of loss of and/or damage to the ordered Products will pass to the Consumer; MCU will in no event be liable for any damage howsoever named as a result of a change in the delivery address.
8.1. MCU will endeavour to ensure that the offered Products comply with the agreement and the specifications stated in the offer, as well as with the reasonable requirements of soundness and/or suitability, subject to the technical standards of sustainability and safety and environmental standards to be reasonably imposed on the Products, depending on the year and time of production of the Products. MCU expressly does not warrant the suitability of the offered Products for a purpose other than normal use, or for any special use intended by the Consumer, unless MCU and the Consumer have unconditionally agreed such special use in writing.
9. Right of withdrawal
9.1. The Consumer may withdraw (cancel) the agreement for the purchase of a Product or Products, without stating reasons, within a fourteen-day reflection period.
9.2. The reflection period commences the day after the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, has received the Product, or, if the Consumer has ordered several items in one and the same order that are supplied separately, the day after the day on which the Consumer or a third party designated by the Consumer has received the last Product.
9.3. MCU may refuse an order for multiple Products with different delivery times, provided it has clearly informed the Consumer of this possibility prior to the ordering process.
9.4. During the reflection period the Consumer must treat the Product with due care and may only open the packaging and/or Sealing to the extent necessary to be able to test the Product and to decide whether the Consumer wishes to keep the Product. The Product may not be assembled or installed in or on any other product or combined product or connected to an electricity net, unless this is necessary to test the Product.
9.5. Due to the nature of the Products, including parts with accessories, Electronic Products and Precision Engineering Products, these Products will be protectively sealed in the factory or by MCU to protect them against harmful impacts caused by atmospheric conditions, induction charges, or other harmful external effects. If the Consumer wishes to revoke an agreement, he or she may not remove or break the Sealing during the reflection period, unless this is necessary to test the operation of the Product during the reflection period. In that case, the Product may not be used beyond what is reasonably necessary for testing.
9.6. If the Consumer exercises his or her right of withdrawal, he/she must return the Products, together with all delivered accessories, in their original condition, without damage and/or assembly traces and – if reasonably possible – with the Sealing unbroken and/or not removed, in the original packaging. The Consumer is required to follow the instructions clearly indicated by MCU on the Website under "Return and Exchange Policy".
9.7. The risk and burden of proof regarding the correct and timely exercise of the right of withdrawal rests with the Consumer.
9.8. The costs of returning the Products are payable by the Consumer. MCU will refund the purchase amount paid by the Consumer, including the original shipping costs, to the Consumer within 14 days after the Products are returned to MCU, or after the Consumer has demonstrated that he has returned the Products, depending on which is earlier. Reimbursement will take place using the same payment method used by the Consumer to buy the Product, unless the Consumer consents to another method.
9.9. MCU may exclude the following Products from the right of withdrawal, provided MCU has clearly stated this in the offer, or before the agreement is concluded at least:
a. Products manufactured on the Consumer's specifications, which are not prefabricated, and which are manufactured on the basis of an individual choice or decision of the Consumer, and/or which are clearly intended for a specific person.
10. Complaints procedure
10.1. Complaints must be submitted to MCU, together with a full and clear description, within a reasonable period of time after the Consumer has discovered something that gives rise to a complaint. The complaint may be submitted using the email system listed on the Website under "Support". Complaints will be processed within 24 hours of receipt; MCU endeavours to settle all complaints within 14 days of receipt. If it is foreseeable that a complaint will require more time to settle, MCU will notify the Customer of this within 14 days, giving an indication when the Consumer may expect a more detailed answer.
11. Payment and retention of title
11.1. Unless prepayment is agreed on with the Consumer, and to the extent that the parties have not agreed a different arrangement, all amounts owed by the Consumer are payable within the payment term stated in the offer and on the invoice.
11.2. In the event of late payment MCU reserves the right to refer its claim against the Consumer for collection, in which event the collection costs will be payable by the Consumer in accordance with the Dutch Extrajudicial Collection Costs (Standards) Act.
11.3. All Products delivered under an agreement remain the property of MCU until the Consumer has fully paid everything he or she owes MCU under the purchase agreement. If MCU is forced to invoke its retention of title, the Consumer is obliged to fully cooperate with MCU to enable MCU to recover the goods in question.
12.1. To the extent permitted under mandatory consumer protection law, the only remedy a Consumer has in respect of a defective Product is limited to replacing or repairing that Product free of charge or termination of the agreement
12.2. To the extent permitted under mandatory consumer protection law, MCU will in no event be liable for indirect or consequential damage suffered by the Consumer, including but not limited to missed opportunities, loss, loss of data, third-party damage, relating to or arising from the agreement or the Consumer's use of the Products supplied by MCU.
12.3. To the extent permitted under mandatory (consumer protection) law, MCU's liability for damage caused to the Consumer for any reason whatsoever, in all cases for each separate event (whereby a series of related events is considered a single event) will be limited to the invoiced amount actually paid by the Consumer to MCU for the relevant Product under the agreement, including shipping costs, and in any event to what an insurer pays out in the event concerned, plus MCU's deductible.
12.4. Nothing in the agreement concluded between MCU and the Consumer or in these General Terms and Conditions of Delivery excludes or limits MCU's liability if it is the result of:
a. fraud, wilful misconduct or deliberate recklessness; and/or
b. liability for damage to persons or goods based on product liability within the meaning of Article 6:185 et seq. of the Dutch Civil Code, subject to the applicable standards with regard to (the characteristics of) obsolete Products and the time of production.
13. Force majeure
13.1. In addition to Article 6:75 of the Dutch Civil Code, if and in so far as an event of force majeure occurs, MCU cannot be required to perform its obligations towards the Consumer and/or MCU will be entitled to suspend its obligations for the duration of the event of force majeure.
13.2. In addition to Article 6:75 of the Dutch Civil Code, an event of force majeure is understood to mean all external causes as a result of which MCU is unable to perform its obligations under the (remote) agreement. This includes but is not limited to, strikes at third parties and/or at MCU’s suppliers; disruption of the Internet or telecommunication facilities; and/or stagnation in the supply at suppliers or other third parties engaged, and causes caused by government measures.
13.3. If an event of force majeure continues for more than 90 days, both parties may terminate the agreement in writing, without MCU being liable to pay the Consumer any damages.
14. Personal data
14.1. The processing of personal data by MCU in connection with the performance of the agreement takes place in accordance with its privacy statement, which may be consulted on https://www.onlymx.com/en/service/privacy-policy/.
16. Applicable law; disputes
16.1. To the extent permitted under mandatory consumer protection law, all agreements between MCU and the Consumer are governed by Dutch law. To the extent necessary, the applicability of the 1980 Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
16.2. MCU points out to the Consumer the European platform for online dispute resolution. This platform may be contacted, using the free web tool, in respect of all online shopping issues. The web tool can be found on the following website:https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=NL.
16.3. All disputes arising from these General Terms and Conditions of Delivery, the delivery of Products, and from any agreement, offer, or from agreements arising from or related thereto, will be exclusively submitted to the competent court in the district of Noord Nederland, unless (i) the Consumer chooses the European platform for online dispute resolution, as referred to in Clause 16.2, to settle the dispute; or (ii) if the Consumer has decided within one month after MCU has stated that it wishes to have the dispute settled by the competent court in the district of Noord Nederland and MCU has granted the Consumer a period of one month to state whether he/she prefers the dispute to be settled by the court designated by law, the Consumer has not exercised this right.
17. Amending the terms
17.1. All supplementary provisions and provisions deviating from these General Terms and Conditions of Delivery must be laid down in writing or in such a manner that the Consumer is able to save them in an accessible manner on a permanent data carrier.
17.2. An English and German version has been prepared of these General Terms and Conditions of Delivery. In the event of lack of clarity or conflict, the Dutch text of these General Terms and Conditions of Delivery will prevail and will at all times be decisive for the interpretation of the provisions contained in the English and German versions.